St Thomas Primary School Staff Leave & Absence Policy Date approved 23 rd April 2009 Version 3 Revised Author/Owner Personnel Committee Introduction St Thomas Primary School recognises and values the contribution of each member of staff to the education of the children in the school. High levels of absence among teaching and support staff pose a serious problem for a school in terms of disruption to teaching programmes, pupils' learning and other areas of the school's work. The governing body is committed to managing attendance so that any disruption to the pupils education or the effective running of the school is minimised. Equally it recognises that during the course of employment, colleagues will occasionally be absent from work through ill health, maternity and other authorised circumstances. Absence of any staff employed in during term time means some impact on the children s education. Therefore, requests from any member of staff for absence to be taken during term time must be regarded by all as the exception. Requests for leave of absence for the purpose of taking holidays and/or contributing to holidays will not be granted. This policy gives details of entitlements of members of staff in relation to absence. Part-time staff will have the entitlement for leave from work reduced in proportion to the percentage of time they work. Seeking Approval for Leave from Work All staff will be required to follow the School s procedures for requesting leave of absence and for reporting absence. Authorised paid and unpaid absence from work for the reasons given in this policy requires prior approval. Requests for paid or unpaid leave must be made in writing to the Headteacher with full reasons for the request. Requests by the Headteacher should go to the Chair of Governors. The request should be made as soon as it is known that it will be required, and in any case not less than one full week in advance of the proposed absence, except in exceptional circumstance such as the death of a family member. The has given delegated authority to the Headteacher to approve leave of absence requests for up to one day. For anything greater the Headteacher must discuss each case with the Chair of the Personnel Committee, or his/her representative, and act on the recommendation made. St Thomas Primary School / Staff Leave & Absence Policy (v3) Page 1 of 8
Requests for leave of absence will be considered taking into account the principles of this policy; the best interests of the children and the school; treating staff in a fair, reasonable and consistent way; national and local terms and conditions of employment. Where the agreements refer to relatives of the first degree, this is taken to mean - husband/wife, civil partner, permanent partner, brother/sister, parent and child or the corresponding relatives-in-law. Additionally the has decided to include grandparents or other relatives/carers who have taken on the main caring role or people who are not related but occupying a similar position in the family, provided they are satisfied in the case. Dental and medical appointments It is expected that dental and medical appointments will be made out of school hours wherever possible. It is recognised that in some circumstance, such as an appointment being expected from a hospital, that this may not always be possible. However, appointments in work time should be kept to a minimum and cause as little disruption as possible. Emergencies involving dependants All employees have the right to take a reasonable period of unpaid time off during working hours to deal with an emergency involving a dependant. A dependant is defined as a spouse, partner, child or parent, or someone who lives with the employee as part of his/her family, i.e. not someone who lives in the house as an employee, tenant, lodger or boarder. In the case of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency. Parental Leave Members of staff with at least one year s continuous service with Devon County Council are entitled to parental leave. It is applicable to parents of children born or adopted after 15 th December 1999 or children under five on 15 th December 1999 and is only available for the purpose of caring for a child for whom the employee has parental responsibility. It is applicable until the child s fifth birthday or, in the case of adoption, until five years have elapsed following placement or the child reaches 18 (whichever is the sooner). Parental leave is unpaid and the maximum entitlement is 13 weeks leave (pro rata for part-time staff) for each child, in total. The leave must be taken in blocks or multiples of one week and the maximum entitlement in any leave year is 4 weeks. If an employee has a disabled child for whom disability living allowance is awarded s/he can claim an extra 5 weeks' leave in addition to the 13 to make a total of 18 weeks. Parents of disabled children are able to use their leave over a longer period, up until the child s 18 th birthday and may take the leave a day at a time, if required St Thomas Primary School / Staff Leave & Absence Policy (v3) Page 2 of 8
The employee must give at least 21 days written notice of the period during which parental leave is requested. If a father wishes to take parental leave following the birth of a child (in addition to paternity leave), he is required to give at least 21 days' notice to his employer, stating the expected week of commencement of the parental leave and the duration of that leave. In the case of adoption, a parent must give at least 21 days notice stating the week in which he/she expects to adopt the child. The duration of the leave must also be stated. Prior to approving the first request for parental leave the school will need to see the birth certificate, adoption paper or proof of disability living allowance. The is able to require an employee to postpone his/her parental leave for up to 6 months, where the school cannot cope. Notice of postponement will be given no more than 7 days after the request and will state the reasons for postponing the parental leave and when it can be taken. The leave must be granted for the same period as the original request and will begin on a date determined by the Headteacher, after consultation with the member of staff and be not more than 6 months after the date originally requested. Parental leave cannot be postponed when the member of staff gives notice of parental leave to be taken immediately after the birth of their child or at the time of adoption. The school will accurately record when an employee takes Parental Leave as new employers may seek a declaration of how much Parental Leave has been taken. St Thomas Primary School / Staff Leave & Absence Policy (v3) Page 3 of 8
Reasons for Leave with Pay Reasons for leave with pay Sickness See Section 4 of the Burgundy Book See Part 2, Section 10 of the Green Book Annual Leave Not Applicable See Green Book for all year round staff, not applicable for term time only staff For officials of Trade Unions to perform I.R. duties/undertake approved training For Safety Representatives to perform duties and undertake associated training For ante-natal care Attendance as elected members at local authority meetings and properly established committees For members of another school s Magisterial duties Candidates for Parliamentary Elections Lecturing in professional capacity on condition that all fees to be paid to school Duties in connection with external examinations i) Regular release, and/or ii) Occasional release and/or iii) Consultative meetings convened by the LEA i) Regular release, and/or ii) Occasional release and/or iii) Consultative meetings convened by the LEA The right to paid off time to attend for ante-natal care on production of evidence of appointments if requested. Burgundy Book Section 5 para 3 Maternity Scheme Up to 20 days per year or equivalent. Up to a maximum of 4 halfdays per annum depending upon the reasonableness of the request. Minimum attendance requirement including training and membership of a statutory tribunal not exceeding 20 working days a year Normally not more than 5 working days. Refer to the Burgundy Book Appendix 2. Authorities shall provide the necessary facilities to Trades Unions including paid leave of absence to carry out their duties. Clarify the local agreement. Clarify the local agreement Right to paid leave - evidence of appointments e.g. appointment card, must be provided, if requested Up to 144 working hours Up to a maximum of 4 halfdays per annum depending upon the reasonableness of the request. Minimum attendance requirement including training. Up to 3 weeks paid leave of absence during period up to and including polling day. up to a maximum of 12 working days St Thomas Primary School / Staff Leave & Absence Policy (v2) Page 4 of 8
Reasons for leave with pay Sitting examinations relating to professional development Attendance at approved conferences Weddings of close relatives i.e. sibling, parent (or another family member/carer who brought up the employee) or children or corresponding relatives in law Times of severe weather Jury Service or attendance as a witness in Court proceedings Screening for breast and cervical cancer Members of non-regular forces annual training Potential redundancy Interviews for other posts Employees are entitled to be paid leave of absence for the purpose of sitting for examinations concerned with the teacher s professional development to the benefit of the school. subject to conference being of benefit to school and the teacher s professional development. Reasonable period subject to prior approval from Governors. Permission to leave early should not be unreasonably refused. For the required period subject to the employee claiming for loss of earnings For reasonable periods where attendance in school time cannot be avoided. Up to two weeks the second of which is to be unpaid. Reasonable time to seek alternative employment For posts within any LEA. Employees are entitled to paid leave of absence for sitting for approved examinations. Additional leave may be granted for final revision for approved examinations. Up to 12 working days in any one year Grey Pages 4.6(b) Permission to leave early should not be unreasonably refused. Lost hours should be made up where annual leave cannot be taken For the required period subject to the employee claiming for loss of earnings. Necessary paid time off will be granted for the purpose of cancer screening. Up to two weeks (Grey Pages paragraph 4.6(g)) Reasonable time to seek alternative employment For Local Authority posts only, attendance at interview and other selection processes (Grey Pages 4.6(k) St Thomas Primary School / Staff Leave & Absence Policy (v2) Page 5 of 8
Reasons for leave with pay Illness of a close relative i.e. partner/spouse, sibling, parent (or other relative/carer who brought up the employee), child or corresponding relativesin-law Death or critical illness of a close relative i.e. partner/spouse, sibling, parent (or other relative/ carer who brought up the employee), child or corresponding relativesin-law House removal Sports representation as competitor at national/ international level Election duties In cases of critical/serious illness of close relatives, up to 5 working days paid leave. Under legislation for Emergency Time Off for Dependants there is provision in the case of a sick child with a non-critical illness, for the first day to be taken unpaid after which it will be assumed that alternative arrangements for childcare will be made. However, contractual provisions override this and allow for up to two days to enable the teacher to nurse or make arrangements for nursing. In other relationships, applications for unpaid leave should be addressed in writing to the Chair of Governors to consider. Up to 5 working days. 1 working day with as much advance notice as possible.. Leave of absence for staff appointed by the returning officer to assist at parliamentary or local elections. In the case of a sick child with a non-critical illness, after the first day it will be assumed that alternative arrangements for childcare will be made. The first day would fall under the Emergency Time Off for Dependants provisions and will be unpaid. For serious/critical illness up to 5 working days for all year round staff, half of which will be taken from annual leave or will be unpaid. Up to two and half days for term time only staff Can include taking children to hospital. Up to 5 working days. 1 day (term time only employees). Grey Pages 4.6(j) Governing body Leave of absence for staff appointed by the returning officer to assist at parliamentary or local elections. Additional leave with pay may be granted in special circumstances by the St Thomas Primary School / Staff Leave & Absence Policy (v2) Page 6 of 8
Reasons for Leave without Pay Reasons for leave without pay Graduation ceremony employee s own partner, son, daughter or close relative Court hearings other than those covered under With Pay sections including divorce proceedings, custody of children, maintenance payments and other Court appearance where teacher is defendant or involved in non-criminal proceedings Religious devotion days Funerals other than close relatives as in With Pay section House removals in excess of 1 day Sporting representations below national level Delays on return to school caused by industrial disputes Special family flights where spouse is in the armed forces Hospital appointments for children where both parents wish to attend. Normally not more than 10 school days in a year. St Thomas Primary School / Staff Leave & Absence Policy (v2) Page 7 of 8
Reasons for leave without pay Visits overseas other than for professional development Attendance on courses for personal development not considered beneficial to the school Weddings Employees own wedding and for those other than relatives first degree The in special circumstances may grant discretionary additional leave Document History 3 Paid leave for illness of grandparents removed (23rd April 2009) 2 Approved by Personnel Committee (2nd October 2008) 1.1 Updated against current DCC Model, September 2008 (Clerk to Governors) 1 Legacy policy (October 2002) last reviewed 25 th January 2007 St Thomas Primary School / Staff Leave & Absence Policy (v2) Page 8 of 8